Updated September 1st, 2017

IMPORTANT! These Terms of Use govern your use of www.herbaterraorganics.com, which is provided by Terranis, its subsidiaries, affiliates and partners . By accessing the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Site.

Site Owner may, at any time, revise or modify these Terms of Use or impose new conditions for use of the Site. Such changes shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Site. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes.

Scope of Use

Site Owner grants you a limited license to access and make personal, non-commercial use of the Site only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on a Site, including, without limitation, text, design, graphics, logos, icons, and images (the “Content”), for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the Content. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of Site Owner. You understand that Site Owner may discontinue, change, or restrict your use of the Site for any reason without notice to you.

The Site is for use by individuals who are at least eighteen years of age. If you are under eighteen years of age, you are not permitted to access the Site for any reason.

Registration 

You will be required to register for an account in order to use certain features of the Site. When you provide information during the registration process, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.

If you register for an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of your password, if any. Site Owner reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. -please include this for my legal pages.

Use and Conduct Restrictions

Your permission to use the Site is conditioned upon the following Use and Conduct Restrictions. You agree that you will not, under any circumstances:

∙     use the Site for any unlawful purpose or for the promotion of illegal activities;

∙     attempt to, or harass, abuse or harm another person or group;

∙     provide false or inaccurate information when registering an account;

∙     use another’s account without permission;

∙     interfere or attempt to interfere with the proper functioning of the Site;

∙     make any automated use of the Site, or take any action that Site Owner would deem to impose or potentially impose an unreasonable or disproportionately large load on servers and network infrastructure;

∙     bypass any robot exclusion headers or other measures we take to restrict access to the Site.

Accuracy of Billing Information and Account Information

The Company reserves the right to refuse any order you place with us. The Company may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, the Company may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Company reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that the Company can complete your transactions and contact you as needed.

Risk of Loss

The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper. 

Products

Certain Products may be available exclusively online through the Site. These Products may have limited quantities. All Products are subject to return or exchange only according to our Refund Policy.

The Company has made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. However, the Company cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant or guarantee that product descriptions or other contents of the Site are accurate, complete, reliable, current, or error-free. The Company reserves the right, but is not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. The Company reserves the right to limit the quantities of any Products that it offers. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of the Company. The Company reserves the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited. Herba Terra Organics reserves the right to make changes and improvements to its products without incurring any obligation to incorporate such improvements in products previously sold.

Feedback

Site Owner does not want and will not accept unsolicited ideas or inventions.

If you submit reviews, comments, suggestions, ideas, notes, drawings, concepts, recipes or other information to Site Owner through the Site or in response to solicitations on the Site (“Feedback”), you automatically assign to Site Owner all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of Site Owner, and you agree that Site Owner is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Site. Site Owner will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that Site Owner has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that Site Owner is only willing to accept your Feedback on these terms.

Intellectual Property

The trademarks, logos, service marks, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) displayed on the Site are Trademarks and trade dress of Site Owner or have been licensed to Site Owner. In addition, the Site and the Content are owned by and are the copyrighted materials of Site Owner or have been licensed to Site Owner. Except for your personal, non-commercial use as authorized above, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or Content, without the express written permission of Site Owner.  

Unauthorized use of any Trademark or Content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.

Digital Millennium Copyright Act

Site Owner takes claims of copyright infringement seriously. If you believe any materials on the Site infringe your copyright, please inform our designated copyright agent by sending written notice by U.S. Mail to by email to info@herbaterraorganics.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice must include substantially the following:

  • A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) you claim has/have been infringed, or if the claim involves multiple words, a representative list of such works;
  • Identification of the specific material you believe infringes upon our rights and sufficient information to enable Site Owner to locate the specific material. The DMCA only authorizes Site Owner to remove or disable access to specific infringing materials. We are not authorized to generally disable access to non-infringing materials;
  • The following statements or equivalent:
    • “I swear, under penalty of perjury, that the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
    • “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
  • Your company name (if any), your legal name (printed), mailing address, and phone number, and, if available, an email address; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

If you fail to comply with all of the requirements of § 512(c)(3) of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under § 512(f) of the DMCA.

Upon Site Owner’s receipt of a valid, complete take-down notice, Site Owner shall (i) remove or disable access to the specific allegedly infringing material identified in the notice, and (ii) take reasonable steps to contact the author(s) or other sources of the material.

If Site Owner removes or disables access to material as a result of a takedown notice, the person or entity supplying such material may instruct Site Owner to restore such material by providing a counter-notification to Site Owner. Upon receipt of a counter-notification, Site Owner shall send a copy of the counter-notification to the original complaining party and inform such party that Site Owner shall replace or restore access to the material within no less than 10 but no more than 14 days unless Site Owner receives official notice from the complaining party that it has filed an action seeking a court order.

Privacy Policy

All information we collect on the Site is subject to our Privacy Policy, which can be found at www.herbaterraorganics.com. By using the Site, you consent to all actions taken by Site Owner with respect to your information in compliance with our Privacy Policy.

Links to Third-Party Websites

The Site may contain links to third-party websites. These links are provided for your convenience only. Site Owner has no control over third-party websites and cannot be responsible for the content of such websites or the privacy practices of third-parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.

Linking to the Site

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site may not be framed on any other website, nor may you create a link to any part of a Site other than the homepage. You agree to cooperate with Site Owner in causing any unauthorized framing or linking immediately to cease. Site Owner reserves the right to withdraw linking permission without notice.

Limited Product Warranty

This 1-year limited warranty covers defects in materials and workmanship in your Herba Terra diffuser for a period of one (1) year from the date of your original purchase from the Company (“Limited Warranty Period”). During the Limited Warranty Period, your exclusive remedy, and the Company’s sole obligation, in the event of any warranty claim shall be for the Company to repair, replace or pay you the reasonable cost of repairing/ replacing the defective Diffuser Product. The Company’s total liability under this limited warranty is limited to the purchase price of the defective Diffuser Product.

If you discover a covered defect in your diffuser before the 1-year warranty period expires, you must notify the Company in writing within a reasonable amount of time by contacting our Customer Care Department at care@herbaterraorganics.com for assistance.

If defective, we will repair or replace your Herba Terra device. Customer Care will contact you and keep you updated on the progress of repairs and return shipments. If we confirm a defect covered by this limited warranty, we will take one of the following actions: (i) replace your Herba Terra diffuser with either a new or a refurbished Herba Terra diffuser that is the same to the device you purchased; or (ii) repair your Herba Terra diffuser using either new or refurbished parts at our company's discretion.

If we find that the defect in your Herba Terra device is not covered under this limited warranty, we will notify you about the service alternatives that are available on a fee basis. If we find that your Herba Terra device is not defective, we will notify you and return your diffuser to you. All Limited Warranty services must be authorized and performed by Herba Terra Organics or a service provider authorized by Company.

This limited warranty does not cover damage, defects, or failure caused by abuse or misuse; accident, neglect such as improper care such as clogging, deterioration or malfunction resulting from any alteration, impact or insertion of foreign objects; improper packing and shipping, improper storage; improper or incorrectly performed maintenance or repair; application of harmful chemicals, abrasives; excessive exposure to moisture, fire, or water, lightning, or other acts of God; negligence; failure to follow manufacturer’s instructions; loss of the Herba Terra diffuser, normal wear and tear; alteration; overuse; professional use; or commercial use.

This limited warranty further does not cover any physical damage, deterioration or malfunction resulting from (i) any unauthorized tampering with the Diffuser Products, (ii) any negligence, improper action or inaction, or willful or malicious acts by any party other than the Company, (iii) any repairs or dis-assemble attempted by anyone unauthorized by the Company to make such repairs, and/or (iv) any other cause which does not relate directly to a defect in materials and/or workmanship of the Diffuser Products. Only the original customer/owner is covered under this limited warranty and this limited warranty is not transferable to any subsequent purchaser(s) or owner(s) of the Diffuser Products. The limited warranty begins on the date of purchase and expires one year later. The warranty period is not tolled or extended for any period during which the Herba Terra device (or any parts thereof) is in repair, or if they are replaced by Herba Terra during the warranty period. Any claim for breach of this limited warranty must be commenced by within twelve (12) months following the original purchase of the Herba Terra diffuser.

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SITE OWNER AND ITS BUSINESS PARTNER(S), INCLUDING IPRO ACADEMY LLC, HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER SITE OWNER NOR ANY PERSON ASSOCIATED WITH SITE OWNER MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SITE OWNER NOR ANYONE ASSOCIATED WITH SITE OWNER REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL SITE OWNER OR ITS BUSINESS PARTNERS, INCLUDING IPRO ACADEMY LLC, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES AND THE CONTENT IS AT YOUR SOLE RISK.

Indemnification

You agree to defend, indemnify and hold harmless Site Owner and its officers, directors, employees, agents, licensors, content providers, and iPro Academy LLC from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Content other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations

Site Owner reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

Waiver and Severability

No waiver of these Terms of Use by Site Owner shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Site Owner to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 

Miscellaneous Terms

As used in this contract, "we", "us" and the "Company" refers to Herba Terra Organics. "You" refers to the original purchaser of the Herba Terra device. A waiver of strict compliance with any term herein shall not be deemed a continuing waiver or waive any other terms or conditions. We shall be excused from performance to the extent of any delay or inability to perform arising due to weather events, disasters, acts of terror, governmental action or regulation, labor or materials shortages or disputes, or other circumstances not under our control. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Site Owner with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Contact Information

If you have questions or comments about these Terms of Use or the Site, please write, phone or email us via the contact information provided at customercare@herbaterraorganics.com